Auctions Conditions

Registration

By participating in Llamart Auctions, you acknowledge that you are bound by the following Terms and Conditions. Llamart Auctions part of Llamart.hk organizes a venue and mechanism for galleries, artists, and collectors to sell Properties on auctions and for bidders to bid for such Properties. Buyers should be at least over the age of eighteen (18) to register. Users must provide your real name, address, phone number, e-mail address during their registration.

Participating in Llamart Auctions is free. Nevertheless, users should provide a scan, picture or copy in colour of a valid ID and of the front of their credit card, along with other information that may be required from time to time. Llamart control the identity and payment mean of buyers in order to create a safe a liable market place. Providing inaccurate registration information constitutes breach of this Agreement.

Auctions process

Properties made available for sale on Llamart Auctions are not in the physical possession of Llamart and can be physically located anywhere in the world.

The Auction will be conducted in USD.

All Llamart’s users should provide accurate and complete billing details during registration. The email confirmation sent after the Winning Bid will be based on these details. These details can be modified on in the user’s profile page.

Placing a bid on Llamart constitutes an irrevocable offer to purchase the Property. The highest bid defined as the Winning bid by Llamart, results in an enforceable contract of sale between Llamart and the Winning Bidder. The Buyer understands and agrees that a bid is a legal obligation to purchase the item under the terms and conditions of this Agreement. Bids are not retractable except under circumstances deemed appropriate by Llamart in its sole discretion.

Llamart is authorised by the Seller to exercise its complete right in: determining the form and content of the descriptions in the auction catalogue, accept or reject bidding access to a bidder, recording, rejecting or accepting bids and deciding which bid constitutes the Winning bid during Auctions.

Llamart may set limits on the number of bids that can be made by a bidder. Llamart can also require identification and payment guarantees as a condition to giving bidding access to a bidder.

On Llamart.hk, bidders may refresh the Auction page by clicking the re-load/refresh buttons on their browsers, to view latest bid updates and time extensions, if any. The auction webpage will be automatically refreshed every 30 seconds. On the Llamart Auction App for mobile bidding, bidders may select the “Refresh” menu item to view latest bid updates and time extensions.

Different lot groups may have different closing schedules and are closing in accordance with the bid closing schedules. If a bid is placed in the last 3 minutes prior to the closing time of the lot, the closing time for the Lot will be extended by 3 minutes after the last bid was made. If no bid is placed for a continuous period of 3 minutes alter this extension the auction will close. The Bidder may have to refresh the page to see the extension time appearing on the lot.

Unpredictable time delays may happen between the moments a bidder place a bid and the time Llamart receive it. This time can be due to the Internet or Mobile traffic and Llamart is not responsible if any bids are rejected because of such delays.

Bidders should always keep their Llamart login ID and password secure. Llamart users are responsible for all bids placed using their login ID and password whether via the Llamart.hk or mobile device. Bidders using the Llamart.hk or Llamart Mobile Application are advised to keep their computers and mobile devices secure to prevent unauthorized use.

Llamart reserves the right to remove any Property from the Auction for authenticity or accuracy of the Description or non-respect Terms of Business or concerns.  

The Property auction will start at the reserve price defined by the Seller.

Llamart has the right to arbitrate the auctions process, setting bid increments structure, refuse any bid and to determine successful bidder in case of dispute.

In the unlikely case of technical problem making the Llamart Auctions not accessible to the bidders, the Auctions’ duration will be extended by the same time as the technical problem lasted. The auction will be pursued with all bids recorded previously will be valid. Llamart is not responsible for any lost of information during Llamart Auctions or malfunctions in Llamart Mobile.

Auction Catalogue:

Llamart sell all properties on auction in their actual state. Some properties may include imperfections or existing faults and Llamart shall not be responsible for any of these.

All descriptions and statements regarding properties provided by Llamart concerning origin, history, provenance, style, school and art context are only expressions of the Seller opinions and beliefs. Llamart provide honest information regarding the properties on sales but doesn’t claim to provide an exhaustive investigation and analysis. Llamart suggests buyers to ask opinions professional advisors.

The Buyer should inspect the condition and description of the Property. From his own judgment depends whether the Property matches its description. The buyer should not rely on an illustration of any Property given in Llamart Catalogue.

Neither Llamart nor any of its affiliates, agents, representatives, employees or directors shall be liable for errors or omissions in any of the representations made in the Auction Catalogue or else with respect to authenticity, description, or condition of any Property for sale through the Auction.

Intelligent Bidding System:

Llamart intelligent bid system helps you to participate in auction by biding on your behalf automatically, as necessary and until a maximum amount you define. By activating the intelligent bid on your computer or mobile device your bids will be placed automatically to outbid the other users until your limit amount. Llamart intelligent bid will follow the bidding increments structure presented bellow. If you are willing to continue biding after reaching the maximum amount defined in your intelligent bid system, you will have to place an regular bid at the next valid amount.

Auctions Closing and Confirmation:

At the Auctions closing the Winning Bidder will be directed to the Checkout page to select the delivery and payment options. An email confirmation will also be sent to the Winning Bidder including a payment notification reflecting the Winning Bid amount plus Buyer’s Premium and a link to the checkout page. The Property will be listed on LLlamart.hk in My Collection section under My order in process, for the Winning Bidder to proceed to the checkout.

Shipping:

The Winning Bidder can choose between these 4 options during the checkout:

Option 1. UPS Logistic:

If the Property corresponds to the limits assigned by UPS, H 270cm and 2xH + 2xL x W = < 419, 70kg maximum weight, value less than 5 000 USD therefore the shipping can be organised by our partner UPS. If the Buyer selects "UPS" for the shipping of the Property, the online calculation tool will add the corresponding cost of shipping automatically to the total amount. The cost of shipping will be calculated according to the size and weight of the property and also according to the origin and the destination. The destination will correspond to the Shipping address indicated by the Buyer. The Buyer has the obligation of paying the shipping cost directly. Any additional cost of custom clearance will be cover by the buyer at destination.

Option 2. Fine Art Logistic:

If the Winning Bidder selects "Fine Art Shipping" during the checkout at the end of auctions, Llamart will organise the shipping with its Fine Art Logistic Partners. Llamart will first ask quotations to its logistic partners and select the best service at the best price. Llamart will then send a global invoice by email including the Winning Bid plus Buyer's Premium and the shipping cost. The Winning Bidder will have 5 days to proceed to the payment. The buyer can pay using wire transfer or, if possible, by going on Llamart.hk in My Collection and pay using Credit Card or Paypal. The Shipping of the Property will be organised only once Llamart received the payment of the shipping from the Winning Bidder.

Llamart will organise the shipping using the best quality standards fine arts carrier. The property will be packed in a custom crate, made especially for exportation if necessary. The service will be express airfreight, door to door including all customs clearance process. The standard shipping duration will be between 7 to 20 days depending on the origin and destination. An insurance provided by the logistic provider will be included automatically. The Buyer will be notify per email of the status of the shipping and will be able to track it online. 

All the costs linked to the shipping process, packing, storage, custom clearance, import taxes are due to the Buyer. The Buyer is responsible to make sure the property can be import into the country of destination.

Option 3. Domestic shipping in Mainland China only:

Domestic shipping in Mainland China, are organized by Llamart using local fine art shipping companies for a flat fee of 100USD. The shipping cost will automatically be added to the final price.

Option 4. Buyer’s Arrangement:

If the Winning Bidder selects "Own Arrangement" during checkout, he will organise the shipping himself. Llamart will send the address and contact details of the Seller by email in the following 3 days after payment confirmation. The Seller will then leave the Property at the disposition of the Buyer in the location where it was when registered on Llamart.hk in order for the Buyer to organise his own logistic arrangement.

Buyer’s Premium:

For each sale on auction Llamart charges a Buyers’ Premium of 10%. This Buyer’s Premium will be added to the amount of the Winning Bid.

Payment:

The Winning Bidder will have 5 days after the auctions closing to proceed to the payment on Llamart.hk. Only the Winning Bidder registered on Llamart can proceed to the payment.

For all amounts inferior to 5 000 USD the Winning Bidder can proceed to the payment using his Credit Card or Paypal account following the procedure provided on Llamart’s email confirmation.

For all amounts superior to 5 000 USD the Winning Bidder should proceed to wire transfer to the Llamart’s bank account details provided by email. The Property will only be delivered once the payment is confirmed.

If Llamart doesn’t receive the payments within the 5 days after the closing of auctions, penalty for late payment may be applied of 1% of the total amount of the transaction per week. Llamart reserves his right to use every possible legal way to enforce the payment. 

Use of Content:

The Seller grants to Llamart an irrevocable, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all description, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by the Seller on Llamart.hk for all purposes. It is the Seller's responsibility to secure any necessary permission to list or post any description on the Llamart.hk where third parties hold such rights.

Return Policy

All orders on Llamart.hk are finals and placing an order on Llamart.hk constitutes an irrevocable acceptance of the purchase. Unless the purchase is cancelled by Llamart within 2 working days after the payment, due to a default by the Seller or any prior or notice of the Buyer. The contract of sale is between the Seller and the Buyer.

Property Authenticity:

The Seller guarantees the authenticity of the Property sold for a period of one year. The seller provides an authenticity certificate in relation to this guarantee provided by the artists or gallery. Authenticity means the property correspond to the description provided on Llamart.hk, with reference to the name of the artist, title of the property, date, dimensions, medium.

Within one year after the sale, if the buyer can prove that the property sold by Llamart wasn’t authentic the Buyer will be able to clamed the full refund of the price paid plus buyer’s premium to the Seller. The buyer will first return the property to the Seller. The seller will fully refund Llamart in the following seven days after receiving the painting. Llamart will forward the refunded amount including buyer’s premium to the buyer. 

All authenticity claims will require official proof established by a competent authority. Only the buyer registered on Llamart not any subsequent owner are able to make an authenticity claim. The property should be returned in the original sales condition that it was in the moment of auctions.

In order to verify the authenticity claim, Llamart owns the right to consult, at the expense and acceptance of the Buyer, two recognized art to examine the Property before offering a refund. Experts’ conclusions shall not be binding on Llamart.

If the Seller fails to refund the cost of the property as mention in this clause, the Buyer shall return the property to Llamart that will be authorized to initiate legal proceedings against the Seller. The buyer should cover all costs of such legal actions instituted by Llamart.

Limitation of Liability:

Llamart is not the agent of any Sellers or Buyers and is not directly involved in such sales. Accordingly, we cannot guarantee that any Sellers or Buyers will complete any sale. At the Auctions closing a contract of sale will be formed between the Buyer and the Seller directly.

Llamart gives no representations or warranties concerning the description, size, condition, medium, provenance or value of any artworks included or sold on Llamart.hk. Llamart is not liable for any loss or damage arising from the sale of artwork by any Sellers.

Concerning damages, losses or loss in value that might happen to the property (excluding frames) during shipping and transit, they will be covered per the insurance policy provided by the shipping company. In case the buyer chooses himself the shipping option it will be at his entire responsibility. Regarding to authenticity liability, neither Llamart’s partners nor Llamart, nor any of Llamart’s employees or agents, shall be responsible, either for the accuracy of any statements as to the authorship, origin, date, age, attributes or authenticity of any property in the sale, or for any mistakes in the description, or for any faults or defects in the properties, or for any other act or error. In case of inauthenticity, the Buyer agrees that the restitution of the property and the refund of the sale price paid by the Buyer is the unique remedy possible and provided in lieu of any other remedy, which may otherwise exist under law. Llamart is therefore not liable for any secondary or consequential prejudices incurred or claimed.

Llamart is not liable for any damages including without limitation lost profits arising out of or in connection with this agreement or any properties sold or purchase or services or inability to use Llamart.hk. Llamart does not guarantee or represent in any manner that Llamart.hk will operate error-free or that Llamart.hk will be uninterrupted. 

Copyright and Trademark:

All content of the Llamart.hk and Llamart Applications are copyright protected in favour of Llamart. All trademarks, names, brand names used on the Llamart.hk and Llamart Applications are trademarks registered. Any rights are reserved. No picture, image, illustration or written material maybe used or required without the prior written permission of Llamart. The buyer of a property on Llamart doesn’t acquire any copyright or other reproduction rights.

Amendment and Notification:

Llamart reserves the right to change any of the terms and conditions contained in this Agreement. Each time any change is made, Llamart will send notification of the changes or amendments by email to Seller registered address. Each change or amendment will be automatically effective directly after the email will be send to you. No changes or amendments of the agreement shall affect the sale of any Property that you posted for sale before such change or amendment became effective. Continuing using Llamart.hk as a Seller will constitute your acceptance of such changes or amendments to this agreement.

Termination of Agreement:

Not respecting the terms and conditions notify in this agreement will lead to the immediate termination of this agreement. In case of violation of this agreement Llamart will cancel all the transactions of the Seller and might ban him for Llamart.hk. Llamart reserves the right to terminate this Agreement at any time for any reason and cancel any pending sales. If the Seller is found to be in Llamart’s sole judgment, in breach of this Agreement, or if the Seller actions may cause Llamart or Llamart.hk users legal liability, or if Llamart no longer offers the services described in this agreement. Llamart will send the Seller a notification by email to specify the cause and consequence of the termination of Agreement.

Law and jurisdiction:

The Seller agreement is subject to the laws of the People’s Republic of China. In the event that the Seller is located in any jurisdiction other than Chinese such laws shall apply to the seller agreement and to the effect of the provisions thereof.